Idaho's Reckless and Inattentive Driving Laws and Penalties

Read about Idaho’s reckless and inattentive driving laws and the consequences of a conviction.

In Idaho, driving unsafely can lead to lead to criminal charges, fines, jail time, and license suspension. This article explains how Idaho defines reckless and inattentive driving and the specific penalties you'll face for a conviction.

What's Considered "Reckless Driving" in Idaho?

In Idaho, a motorist can be convicted of reckless driving for:

  • driving "carelessly and heedlessly or without due caution and circumspection, and at a speed or in a manner as to endanger or be likely to endanger any person or property," or
  • passing another vehicle when there is a line in the lane indicating a sight distance restriction.

As you can imagine, lots of scenarios could fit within this definition. (Idaho Code Ann. § 49-1401.)

Idaho's Reckless Driving Penalties

Reckless driving is a misdemeanor in Idaho. The possible penalties are explained below.

Fines and Jail Time for 1st Reckless Driving Conviction in Idaho

A first reckless driving conviction carries up to six months in jail and/or a maximum $1,000 in fines.

Fines and Jail Time for 2nd or Subsequent Reckless Driving Conviction in Idaho

For a second or subsequent reckless driving violation within five years, the motorist is looking at up to a year in jail and/or a maximum $2,000 in fines.

License Suspension for Reckless Driving Violations in Idaho

The convicted motorist faces a license suspension of 30 days for a first violation, 90 days for a second violation within two years, and one year for a third conviction within a three-year period.

What's Considered "Inattentive Driving" in Idaho?

Inattentive driving—a less serious offense—is defined as driving in a manner that is "inattentive, careless or imprudent … rather than heedless or wanton, or in those cases where the danger to persons or property by the motor vehicle operator's conduct is slight."

The difference between reckless and inattentive driving is a matter of degree. Generally, reckless driving involves the operation of a vehicle that's obviously dangerous, whereas more subtle instances of bad driving might be in the inattentive driving category.

Idaho's Inattentive Driving Penalties

Inattentive driving, like reckless driving, is a misdemeanor. However, the consequences are less severe than those for reckless driving. A motorist who's convicted of inattentive driving faces up to 90 days in jail and/or a maximum $300 in fines.

An inattentive driving violation will also add three demerit points to the motorist's driving record. Accumulating 12 or more points within a year will lead to license suspension.

Reckless Driving and DWI Charges ("Wet Reckless")

In some states, it's possible for a driver who's charged with driving while intoxicated (DWI), to "plea bargain" for a lesser charge. When a DWI is plea bargained down to a reckless driving charge, it's sometimes called a "wet reckless."

Idaho law doesn't prohibit plea bargaining in DWI cases. So, for someone who's accused of driving under the influence in Idaho, plea bargaining for a reckless driving charge is a possibility.

Talk to an Idaho Defense Attorney

The facts of every case are different. If you've been arrested for or charged with reckless or inattentive driving, get in contact with an experienced defense attorney. A qualified attorney can explain how the law applies to the facts of your case and help you decide on how best to handle your situation.

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